Idaho Divorce Filing Checklist 2025 Guide

Filing for divorce in Idaho offers unique advantages for those navigating the end of a marriage. With one of the shortest residency requirements in the United States—just six weeks—and a streamlined no-fault divorce process, Idaho provides an accessible path for couples seeking to dissolve their marriage. This comprehensive checklist walks you through Idaho's residency requirements, filing procedures, community property rules, and timeline expectations to help you navigate the process with confidence. For additional context on preparing for divorce, see our comprehensive guide.

Idaho's Brief Residency Requirement

One of Idaho's most distinctive features is its remarkably short residency requirement. Under Idaho Code § 32-701, the filing spouse (plaintiff) must have been an Idaho resident for just six full weeks immediately before filing for divorce. This 42-day minimum stands among the shortest in the nation, making Idaho an attractive option for new residents facing marital dissolution.

Unlike states requiring six months to a year of residency, Idaho's brief threshold means you don't have to wait long after establishing residence to initiate divorce proceedings. The requirement applies only to the filing spouse—the respondent does not need to live in Idaho. You'll file in the county where the respondent resides; if the respondent doesn't live in Idaho or their county is unknown, you can file in any Idaho county.

Grounds for Divorce: No-Fault and Fault Options

Idaho offers both no-fault and fault-based grounds for divorce under Idaho Code § 32-603. The overwhelming majority of Idaho divorces—approximately 98.68% based on court statistics—are filed on the no-fault ground of "irreconcilable differences." This ground requires showing that there are substantial reasons the marriage should not continue, without having to prove your spouse did anything wrong.

Idaho also recognizes an alternative no-fault ground: living separate and apart without cohabitation for at least five consecutive years. This can be useful for couples who separated years ago but never formalized their divorce.

While fault-based grounds remain available—including adultery, extreme cruelty, willful desertion, willful neglect, habitual intemperance (substance abuse), conviction of a felony, and permanent insanity—most filers choose the simpler, less adversarial no-fault route. Filing on fault grounds may be relevant if you're seeking an unequal property division or specific spousal maintenance rulings, but most couples find irreconcilable differences provides a cleaner path forward.

Complete Filing Process Checklist

Idaho divorces are filed in Idaho District Court (family cases are heard in the magistrate division). The Idaho Court Assistance Office (CAO) provides standardized statewide forms that simplify the process. Here's what you need to file:

• CAO FL 1-1 Family Law Case Information Sheet: A simple data sheet the clerk uses to open your case.
• CAO D 1-5 or D 1-6 Petition for Divorce: Choose the version with children (D 1-5) or without children (D 1-6).
• CAO FL 1-3 Summons with Orders: The official summons that includes standard temporary orders.
• Filing Fee: $207 to file (with or without children). The respondent pays $136 if they file an answer. Fee waivers are available for those who qualify financially.
• If you have children: You'll also need CAO FL 3 (Parenting Plan), CAO FL 1-11 (Affidavit Verifying Income), and child support worksheets.

Idaho offers statewide e-filing through iCourt File & Serve. For divorces without minor children, you can use the guided "Guide & File" interview tool that walks you through form completion and electronic filing.

Important Service Deadline: After filing, you must serve your spouse within 182 days (about 6 months) or the court will dismiss your case unless you show good cause for an extension. The respondent then has 21 days after service to file an answer.

Community Property Division in Idaho

Idaho is one of only nine community property states in the United States. Under Idaho Code § 32-712, the court must divide community property "substantially equally" between spouses unless there are compelling reasons to justify a different split.

Community property includes most property acquired during the marriage by either spouse—income, real estate, investments, and personal property. The presumption is a 50/50 division of value (considering debts), which provides predictability in divorce planning. However, courts can deviate from equal division when compelling reasons exist, considering factors such as:

• Duration of the marriage
• Prenuptial agreements
• Age, health, and occupation of each spouse
• Amount and source of income
• Vocational skills and employability
• Liabilities and financial needs

Separate property—what one spouse owned before marriage or acquired by gift or inheritance during marriage—remains with that spouse and is not subject to division. Properly documenting separate property is essential to protecting these assets during divorce.

Community property division can get complicated; a divorce financial planning tool helps Idaho couples understand their assets and plan for a fair settlement.

Timeline and Special Requirements

Idaho has no statutory waiting period for divorce finalization. Unlike many states that impose mandatory "cooling off" periods ranging from 30 to 90 days, Idaho allows divorces to proceed as quickly as procedural requirements allow. The practical minimum timeline is constrained by the 21-day answer deadline after service and the court's calendar availability.

Realistic Timeline Scenarios:

• Uncontested by stipulation (no children): Typically 30–60 days from filing to finalized decree, assuming both parties cooperate and sign a stipulation.
• Contested with custody issues: Typically 9–15 months, factoring in mandatory disclosures (due 35 days after the answer), mediation, possible temporary orders hearings, and trial preparation.

Special Requirements When Children Are Involved

If you have minor children, Idaho imposes additional requirements designed to protect children's interests:

• Parenting Plan (CAO FL 3): Required in all cases with children. This comprehensive document addresses legal custody, residential schedules, holidays, decision-making, and dispute resolution.
• Parent Education Class: Courts typically order both parents to complete "Focus on Children," a parenting education program. Costs vary by district (examples: $25 in Ada County, $20 in Kootenai County, $35 in the Third Judicial District).
• Mandatory Mediation: Under Idaho Rules of Family Law Procedure (IRFLP) 602, custody and visitation disputes are subject to court-ordered mediation when it's in the child's best interests. Mediation is screened out or modified in domestic violence cases.
• Child Support: Idaho follows structured child support guidelines (IRFLP 120) based on combined parental income and overnight allocation. You'll need to complete income affidavits and child support worksheets.

Estimate Your Idaho Divorce Costs

Divorce costs in Idaho vary widely depending on whether your case is contested or uncontested, whether you have children, and the complexity of asset division. For strategies to minimize costs, see our guide on saving money during divorce. Use our free calculator below to estimate your total costs based on Idaho-specific factors:

Frequently Asked Questions

Can I file for divorce in Idaho if I just moved here? Yes, as long as you've been a resident for at least six full weeks (42 days). Idaho's residency requirement is one of the shortest in the nation.

Do both spouses need to live in Idaho to file? No. Only the filing spouse (plaintiff) needs to meet the six-week residency requirement. The respondent can live anywhere.

How long does an uncontested Idaho divorce take? With no statutory waiting period, uncontested divorces where both parties agree can finalize in as little as 30-60 days, depending on court scheduling and how quickly paperwork is completed.

Is mediation required in Idaho divorces? Mediation is typically required for custody and visitation disputes, unless inappropriate due to domestic violence or other concerns. Property and financial issues may be mediated voluntarily but are not automatically subject to mandatory mediation.

How does Idaho divide retirement accounts? Retirement accounts accumulated during the marriage are community property and subject to substantially equal division (unless compelling reasons justify a different split). Division typically requires a Qualified Domestic Relations Order (QDRO) to avoid tax penalties.

Can I get a fee waiver if I can't afford the $207 filing fee? Yes. Idaho allows indigent litigants to request fee waivers by filing a Motion and Affidavit for Fee Waiver along with an Order RE: Fee Waiver for the judge to review.

Ready to Begin Your Idaho Divorce?

Filing for divorce in Idaho combines accessibility with legal protections. The state's six-week residency requirement, no-fault divorce option, absence of a mandatory waiting period, and clear community property rules create a framework that many find manageable even during a difficult time.

Whether you're just beginning to consider divorce or ready to file, understanding Idaho's unique requirements and procedures is essential. The Idaho Court Assistance Office provides free forms and instructions, e-filing simplifies the process, and mandatory mediation helps many couples resolve disputes without expensive litigation.

According to data from the CDC National Center for Health Statistics, understanding your state's divorce laws and procedures can significantly reduce stress and costs. Idaho's streamlined system is designed to make the process as straightforward as possible while ensuring fairness and protecting children's interests.